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Understanding the Child Custody Process in San Diego

In California, child custody is determined based on the best interests of the child. The court may consider several factors, including the child’s age, health, emotional ties to each parent, and the ability of each parent to care for the child.

Child custody disputes are where a majority of family law battles are fought and it is critical that you are fully prepared for that battle. Working with an experienced divorce and family law attorney at Fair Cadora can help you navigate the process to ensure the best interests of your children are accounted for.

Child Custody Laws in California

Custody laws in California recognize that both parents have the right to share in the care, custody, and control of their children. When making a determination, the court considers several factors. The court may also consider the child’s preference if they are of sufficient age and maturity to make a reasoned decision.

In California, parents may also agree on a parenting plan outside of court, which can outline the specifics of custody and visitation. This can be achieved through direct negotiations, the use of a mediator, or attorney-to-attorney negotiation. We encourage this cooperative approach, whenever feasible, because it allows clients to retain the greatest degree of control over the outcome and allows the parents to decide what is best for their own children and family, rather than delegating that decision to strangers. If an agreement is reached, a written stipulation can be signed by both parents and the judge to create an enforceable court order that is just as legally enforceable as one could obtain in a contested custody hearing. However, if reaching an agreement is not possible, we know how to approach these delicate issues effectively in court.

It is important to note that custody arrangements can be modified if there is a significant change in circumstances, such as a parent relocating or a change in the child’s needs.

When determining the best interests of a child, the judge will consider, among other factors:

  • The ability of each parent to care for the child
  • The parent and child’s emotional connection
  • The child’s connection to their school, community, and home
  • The age and health of the child
  • History of family violence
  • Parent history of regular or ongoing substance abuse

Types of Child Custody in California

There are two types of custody in California, legal and physical. Legal custody refers to the right to make important decisions for the child, such as those related to education, healthcare, and religion. Physical custody refers to where the child will live.

Parents may have joint legal custody, joint physical custody, or both. Joint custody means that both parents share custody and decision-making responsibilities for the child. Sole custody means that one parent has the child and decision-making responsibilities for the child.

Sole legal custody and sole physical custody are not the same in California. Sole legal custody and sole physical custody refer to different responsibilities. Sole legal custody refers to who makes major decisions for the child, such as those involving education, religion, or medical care.

Sole physical custody determines the child’s primary residence and which parent is responsible for day-to-day care. In some cases, parents may share joint physical custody and legal custody, depending on what arrangement serves the child’s best interests. Child custody lawyers can help clarify these distinctions and how they apply to your case.

Filing For Custody in San Diego

When filing for custody in California, there is a petitioner and a respondent. The petitioner is the person who began the case by filing the first court forms and the respondent responds to the first court forms.

Filing involves the following steps:

  • Determine the appropriate court: Custody cases are typically filed in the family law division of the Superior Court in the county where the child resides.
  • Obtain and complete the necessary forms: You will need to obtain the appropriate forms for your custody case. The forms can typically be found on the California Courts website or obtained from the courthouse. You will need to complete the forms accurately and thoroughly, including information about you, the child, and the other parent.
  • File the forms: Once you have completed the forms, you will need to file them with the court clerk. You will be required to pay a filing fee, but you may be eligible for a fee waiver if you meet certain income requirements.
  • Serve the other parent: After you have filed the forms, you will need to serve the other parent with a copy of the documents. This can be done through personal service, where someone over 18 who is not involved in the case personally delivers the documents to the other parent, or through a process server or a registered process server. There may be alternative service of process options available, as well, based on the advice of your attorney.
  • Attend court hearings: After the other parent has been served, you will be required to attend court hearings, including court-connected mediation (called child custody recommending counseling), as is often required. During the hearings, the court will consider the best interests of the child and make a custody determination.

It is important to note that filing for custody does not legally separate you from the other parent in the event you are married. A legal separation or divorce is a separate process from fighting for custody.

The custody process in California can be complicated, and when your children are involved it is more important than ever to not skip steps or show up unprepared. Working with an experienced child custody attorney in San Diego is the best approach to getting a successful arrangement determined.

Modifying a Child Custody Agreement in San Diego

If there has been a significant change in circumstances since the initial custody order was made, you may be able to modify custody in California. Here are the steps to modify custody:

  • Determine if there has been a material change since the last time an order was issued about child custody. This can include a change in the child’s needs, a change in a parent’s living situation, a child becoming older such that their developmental stage may warrant a change, or a change in the child’s relationship with a parent, as examples.
  • Obtain and complete the necessary forms: You will need to obtain the appropriate forms to request a modification of custody. These forms can be found on the California Courts website or obtained from the courthouse. You will need to complete the forms accurately and thoroughly, including information about the change in circumstances and why a modification is necessary.
  • File the forms: Once you have completed the forms, you will need to file them with the court clerk. You will be required to pay a filing fee, but you may be eligible for a fee waiver if you meet certain income requirements.
  • Serve the other parent: After you have filed the forms, you will need to serve the other parent with a copy of the documents. This can be done through personal service, where someone over 18 who is not involved in the case personally delivers the documents to the other parent, or through a process server or a registered process server. There may be alternative service of process options available, as well, based on the advice of your attorney.
  • Attend court hearings: After the other parent has been served, you will be required to attend court hearings, including court-connected mediation (called child custody recommending counseling), as is often required. During the hearings, the court will consider the best interests of the child and make a custody determination.

We recommend seeking the advice of an experienced family law attorney to assist you with the process, as custody cases can be complex and emotionally charged. San Diego’s trusted child custody attorneys at Fair Cadora are prepared to help you petition, respond, or modify your child custody agreement.

Schedule a Case Evaluation with Our Expert San Diego Child Custody Attorneys

At Fair Cadora we offer a case evaluation for potential new clients to help take some of the pressure off the custody process. We like for our potential new clients to get to know us and get a feel for our practice, so they can feel confident with our representation. If you’re facing a child custody issue and not sure where to start, contact one of our experienced San Diego child custody attorneys to schedule a consultation.

Request a case evaluation

Request Case Evaluation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

Request a Case Evaluation Today
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Frequently Asked Questions

Child custody decisions in California are based on the best interests of the child. Factors considered include each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the child’s health and safety, among other practical considerations like the distance between the parents’ respective homes, each parent’s work schedule, etc.  The tricky thing is that sometimes each parent has a different view of what is in the child’s best interest, and a judge may have a third view.  It is important to seek expert legal advice on how best to approach your request.

Courts also consider how parenting responsibilities are divided and whether both parents are actively involved in the child’s life. The tricky thing is that sometimes each parent has a different view of what is in the child’s best interest, and a judge may have a third view. It is important to seek expert legal advice from experienced child custody lawyers on how best to approach your request.

Yes, in certain circumstances. Grandparents, stepparents, or other relatives may petition for custody or visitation with a child. However, the court still considers the child’s best interests, and these cases often require guidance from child custody lawyers due to their complexity.

Custody orders can be modified by the filing of a post-judgment Request for Order or by a written stipulation (agreement). Both parents must agree on the modification, or the requesting parent must demonstrate to the court that the change serves the child’s best interests. Changes to custody may involve shifting parenting responsibilities, adjustments in physical custody and legal custody, or updates regarding medical care for the child. Child custody lawyers can help you prepare and present a strong case for modification.

Court-connected mediation through Family Court Services, now called child custody recommending counseling, is often required before a custody case goes to court. A neutral third party helps parents reach an agreement on custody and visitation. If an agreement is reached, it is submitted to the court for approval. If not, the case proceeds to a court hearing. In San Diego County, if the parents do not reach an agreement in child custody recommending counseling, the counselor/mediator makes a written recommendation to the judge about what parenting plan they think is in the best interest of the child. Mediation often helps clarify each parent’s parenting responsibilities and supports more stable outcomes for the child’s life.

Under California law, there is no age at which a child has sole decision-making power over where or with whom they live. However, once a child is 14 years or older, and the court receives information the child wishes to be heard as to their preference on a parenting schedule, the court will often arrange for the child’s preference to be taken into consideration in some fashion, as a factor among others. This is a delicate issue that can significantly impact the child’s life and may require guidance from experienced child custody lawyers.

No, sole legal custody and sole physical custody are not the same in California. Sole legal custody refers to who makes major decisions for the child, while sole physical custody determines the child’s primary residence.

Child custody decisions in California are based on the best interests of the child. Factors considered include each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the child’s health and safety, among other practical considerations like the distance between the parents’ respective homes, each parent’s work schedule, etc.  The tricky thing is that sometimes each parent has a different view of what is in the child’s best interest, and a judge may have a third view.  It is important to seek expert legal advice on how best to approach your request.

Courts also consider how parenting responsibilities are divided and whether both parents are actively involved in the child’s life. The tricky thing is that sometimes each parent has a different view of what is in the child’s best interest, and a judge may have a third view. It is important to seek expert legal advice from experienced child custody lawyers on how best to approach your request.

Yes, in certain circumstances. Grandparents, stepparents, or other relatives may petition for custody or visitation with a child. However, the court still considers the child’s best interests, and these cases often require guidance from child custody lawyers due to their complexity.

Custody orders can be modified by the filing of a post-judgment Request for Order or by a written stipulation (agreement). Both parents must agree on the modification, or the requesting parent must demonstrate to the court that the change serves the child’s best interests. Changes to custody may involve shifting parenting responsibilities, adjustments in physical custody and legal custody, or updates regarding medical care for the child. Child custody lawyers can help you prepare and present a strong case for modification.

Court-connected mediation through Family Court Services, now called child custody recommending counseling, is often required before a custody case goes to court. A neutral third party helps parents reach an agreement on custody and visitation. If an agreement is reached, it is submitted to the court for approval. If not, the case proceeds to a court hearing. In San Diego County, if the parents do not reach an agreement in child custody recommending counseling, the counselor/mediator makes a written recommendation to the judge about what parenting plan they think is in the best interest of the child. Mediation often helps clarify each parent’s parenting responsibilities and supports more stable outcomes for the child’s life.

Under California law, there is no age at which a child has sole decision-making power over where or with whom they live. However, once a child is 14 years or older, and the court receives information the child wishes to be heard as to their preference on a parenting schedule, the court will often arrange for the child’s preference to be taken into consideration in some fashion, as a factor among others. This is a delicate issue that can significantly impact the child’s life and may require guidance from experienced child custody lawyers.

No, sole legal custody and sole physical custody are not the same in California. Sole legal custody refers to who makes major decisions for the child, while sole physical custody determines the child’s primary residence.